Lawsuit Pierces Medical Code of Silence, Says NY Medical Malpractice Lawyer

Posted on September 29, 2011 by Jim Reed

Speak No Evil says the Medical Community!

As a NY medical malpractice lawyer for more than 25 years, I am well aware of the “white-coat conspiracy of silence.”

This is an unwritten but well-known code of conduct that is routinely followed by doctors, nurses, hospital administrators, etc., that says:

“No matter what … never, ever, EVER … admit that one of your medical colleagues did anything wrong.”

A recent NY case against a Manhattan hospital turned that Code of Silence upside down when it ordered a doctor to turn over an email that he had written that was critical of the medical care provided to a patient. Needless to say, defense lawyers for the hospital who were claiming the medical care was OK screamed bloody murder and tried everything in their power to suppress this email so it would never see the light of day.

Here is a quick summary of the lawsuit, from a New York Law Journal article:

Rose Lowenthal, 89, died from post-operative developments two days after successful hip surgery at New York Downtown Hospital in December 2008.

Her surgeon, upset by her death, wrote an email to the chief of the hospital’s surgery department, criticizing Mrs. Lowenthal’s post-operative care.

Mrs. Lowenthal’s son filed suit in 2009 and the hospital refused to turn over the email, saying it was confidential because it was turned over to the hospital’s Quality Assurance Committee.

But a Manhattan Supreme Court justice rejected that argument, telling the hospital to turn over the email in the lawsuit because the hospital had not proved the email was written for the committee.

In an affidavit, the surgeon said he wrote the email on his own, and added that he was not invited to participate in the committee’s meeting or the morbidity and mortality meeting in Mrs. Lowenthal’s case.

The family’s lawyer, Scott Rubin of Levine and Grossman in Mineola, said the doctor’s unsolicited critical letter was the first of its kind he’d seen in more than 30 years of practice.

“Usually doctors don’t send letters excoriating departments or other doctors,” he said, adding with great understatement that the email “could be quite helpful to me.”

Why would the hospital’s lawyers be so upset by the disclosure of this email? Wouldn’t they want the truth to emerge? Wouldn’t they want to improve the medical care provided by the hospital?

Well, you would think so, but the reality of it is that these lawyers don’t want any doctor’s criticism of another doctor or medical provider to EVER see the light of day ….

I am glad the judge disagreed and ordered them to turn over the email!

Thanks for reading.

Jim
__________________________________________

James B. Reed
NY & PA Injury & Malpractice Lawyer
Ziff Law Firm, LLP
Mailto: jreed@zifflaw.com
Office: (607) 733-8866
Toll-Free: 800-ZIFFLAW (943-3529)
Web: www.zifflaw.com
Blogs: NYInjuryLawBlog.com and
NYBikeAccidentBlog.com

At Last! Texting While Driving Tickets Soar in NY, says NY and PA Accident Lawyer

Posted on September 22, 2011 by Jim Reed

If you are caught texting while driving now in New York, you could face much stiffer penalties than in the past.

Police officers are cracking down across New York State on texting motorists, and the number of tickets issued to distracted drivers has soared across the state in recent months.

Have you gotten the message yet and stopped texting while driving?

As you probably know, the Ziff Law Firm has repeatedly encouraged state officials to toughen the law and then urged police to enforce it. You can see what we’ve said here and here and here.

Here are some of the findings reported in a Gannett News Service story this week in the Elmira Star-Gazette on the increase in the number of texting-while-driving tickets issued in New York State:

The number of tickets soared 43 percent through mid-September, compared with all of 2010, an increase from 3,248 tickets in 2010 to 4,634 tickets so far in 2011.
Outside New York City, the number of tickets issued for texting totaled 1,617 in 2010 and 2,777 tickets in 2011 as of Sept. 17, a 72 percent increase.
The number of tickets more than doubled in 33 counties, including in Chemung and Monroe, and more than tripled in other counties downstate.

The big increase comes after Gov. Andrew Cuomo signed a new law in July that allows police to pull over drivers specifically for texting. That law took effect on July 12.

The initial law approved in 2009 only made texting a secondary infraction, so police could only ticket a driver if they were pulled over for another offense, such as erratic driving.

Talking on a cell phone while driving is still a more common infraction, according to Gannett. Police across the state have issued 181,400 tickets so far this year after about 332,000 were issued in 2010!

A texting while driving violation will now cost you a fine of up to $150 and three points on your license, which is the same as a speeding ticket. (Remember what THAT last speeding ticket did to your insurance bill?)

Drivers iilegally using a cell phone to talk could be issued a ticket for a traffic infraction and a $150 fine!

See this New York State website for more about the new texting while driving law. Also see this website about the state’s law on drivers using cell phones.

Anyone seeking a license in New York State must now attend a class on the dangers of distracted driving.

In the first full month of the new law, a record 1,082 tickets were issued statewide. The previous record was in April, with 689 tickets, but a special enforcement period in Syracuse drove up the numbers, Gannett reported.

“It’s a great success story,” John Grebert, executive director of the New York Police Chiefs Association, told Gannett.

The number of tickets issued in Chemung County jumped from 15 to 34 since the new law was approved. Chemung County Sheriff Christopher Moss told Gannett that the texting lookouts are now part of distracted driving enforcement funded by the state. And the county also meets with students to talk about the dangers of texting while driving!

Too many young people are not getting the message. Look at other drivers as you drive in Elmira, Corning and the Twin Tiers — too many are still texting and putting us all in danger.

Put down the distraction and DRIVE before you cause an accident that could change your life — and the lives of others — forever.

Please! Let’s be safe on the road. For yourself, for your passengers and others on the road — INCLUDING pedestrians and bicyclists!

Thanks for reading. Please drive safely!

Jim

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UPDATED WITH PHOTOS: Our ‘Valley Girl’ Helps With Flood Recovery, Says NY Injury Lawyer

Posted on September 19, 2011 by Jim Reed

Annette Viselli Thorne

One of our great paralegals at the Ziff Law Firm, Annette Viselli Thorne, a former longtime resident of “the Valley” (the Sayre-Athens area, for those who don’t know!), helped over the weekend with recovery. Now a resident of Painted Post, her heart is still with her friends and family in the Valley, too!

She wrote the following about her efforts — not to draw attention to herself (Annette is NEVER like that) but to show the world what her friends and family are facing back home.

Here is her dispatch (it brought tears to my eyes!):

Up until a little over three years ago, when I moved to Painted Post, I was a Valley Girl, having been born, raised and lived there nearly all of my life. As the saying goes, you can take the girl out of the Valley but you can’t take the Valley out of the girl, and those words, once again, rang very true when my hometown was devastated by the recent flooding.

In 1972, when we were the victims of Agnes and I was just a young girl, the Valley, particularly downtown Athens, was destroyed by flooding and I remember it very well. My father was a volunteer firefighter and he was gone for days to assist those in need. I remember the devastation at my elementary school that was across the street from the river.

But this time, it was different, not only because I think we were hit just as hard if not harder by this flood, but because as an adult, it had a different meaning. I didn’t feel helpless like a small child and I was able to lend a helping hand.

I walked River Street in downtown Athens just a few short days after the flood hit, and unless you see it firsthand, you’d have no idea of how much people suffered. For most, the entire first floor of their homes had been under water and they were left with the aftermath. One would think the water would be the worst of the damage, but it is the mud that takes over these homes, causing the most damage. As I walked River Street, I encountered families who were like lost souls, digging through inches of mud to attempt to recover their belongings, their family heirlooms, whatever was left of their homes. Unfortunately for many, there was very little left.

Aside from the many homes in Sayre and Athens that were destroyed, many businesses in Athens were also destroyed. There were people who lost their homes AND their jobs.

The Valley, as always, is filled with the most kindhearted and giving people I have encountered, and they immediately began to rally. People from all over New York State and Pennsylvania, countless organizations, school groups, college students, high school students, people from all walks of life, came out to do whatever they could to help our little community.

Having my father’s strong sense for the importance of giving back to your community, I, too, began my own rally in collecting much-needed supplies for the Valley, and with the help of friends, family and my Ziff Law Family, I was able to lend a helping hand and deliver more than $300 in supplies and numerous bags of clothing to the recovery center in downtown Athens on Saturday.

Jack Schamel of our Ziff Law Family delivered much-needed mattresses, wheelchairs and walkers to the recovery center. From there, we made the trip to the Valley Rally, an event that mirrored our annual Christmas Is For Kids, live three-hour radio broadcast at our local Sayre Theatre. This event collected furniture, household appliances of all sizes, clothing, cash donations and so on. The outpouring of help from the community was beyond words, with supplies being lined from one corner to the next, U-Haul truck loads one after another, filled to capacity.

Neighbors served meals to the workers, and restaurants offered free meals to victims and workers. The kindness and generosity of the fine people in the Valley went on and on.

The rally was a very emotional time for the victims, who have endured so much, and the volunteers. This amazing event raised more than $250,000, and that is not counting the many donated items. It was incredible beyond words!

Also, being the animal lover I am and realizing that many four-legged friends were also victims, my instincts kicked in and again, with the help of family, friends and co-workers, I was able to make a substantial donation of dog and cat food to a nearby animal shelter.

What impressed me was how EVERYONE came together as one to take care of our neighbors and friends. The life lessons that we are teaching our children is the importance of being an asset to your community!

A new phrase was coined at the Valley Rally on Saturday, coming from one of the residents affected by the flood, who said, “We are not victims, we are survivors!”

And survivors the Valley residents are! I’m proud of my hometown and proud to be a Valley Girl!

If you’d like to read more about the Valley Rally, go here.

But more importantly, if you’d like to help the people in the Valley or you need help with flood recovery, go here.

I hope residents of Elmira, Corning and across the Twin Tiers help pitch in and set an example for the younger generation, too!

Please scroll below to see photos of the flooding in the Valley by Lisa Robinson-Howeler of Gladwynn Photography. The photos provide just a small taste of the devastation in the Valley.

My heartfelt thanks to Annette and Lisa, and thanks for reading!

Jim

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NY Injury Lawyer: Important Tips for Filing a Property Damage Claim With Your Homeowner’s Insurance Carrier

Posted on September 2, 2011 by Jim Reed

Take the proper steps to repair your home if you've been a victim of a natural disaster.

Here in the Elmira, Corning, Ithaca, Binghamton area of Upstate New York, we were luckily spared any serious damage because of Hurricane Irene. Downstate NY and many other areas were not nearly so lucky. Gov. Cuomo issued a list of tips that I thought were great for anyone who has experienced damage on their property that they feel might be covered by their homeowner’s insurance policy.

The first step to getting your home restored is to contact your insurance company and/or agent with your policy number and other relevant information. Be aware that your policy might require that you make this notification within a certain time frame.
Take photographs or video of the damage before clean-up or repairs. After you’ve documented the damage, make repairs necessary to prevent further damage to your property, such as covering broken windows, leaking roofs and damaged walls. DO NOT have permanent repairs made until your insurance company has inspected the property and you have reached an agreement on the cost of repairs. Be prepared to provide the claims adjuster with records of any improvements you made prior to the damage. Save all receipts, including those from the temporary repairs.
If your home is damaged to the extent that you cannot live there, ask your insurance company or insurance agent if you have coverage for additional living expenses.
Ask what documents, forms and data you will need to file the claim. Keep a diary of all conversations you have with the insurance company and your insurance agent, including names, times and dates of the calls or visits and contact details.
Be certain to give your insurance company all the information they need. Incorrect or incomplete information may cause a delay in processing your claim.
If the first offer made by the insurance company does not meet your expectations, be prepared to negotiate. If there is a disagreement about the claim, ask the company for the specific language in the policy in question and determine why you and the company interpret your policy differently. If you believe you are being treated unfairly, contact the Insurance Department at www.ins.state.ny.us. You can file a complaint about an insurance company at http://www.ins.state.ny.us/complhow.htm.
Consumers should contact their insurance company, agent or broker to get answers to specific questions about their policies. Consumers who need further help should feel free to contact the New York State Insurance Department’s Consumer Services Bureau at 800-342-3736 which operates from 9 a.m.to 4:30 p.m. weekdays.

The full news release from Gov. Cuomo can be found here: http://governor.ny.gov/press/08292011HurricaneInsuranceClaims.

Thanks, Jim

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Two Drownings Remind Us About Importance of Life Jackets, NY Boat Accident Lawyer Says

Posted on July 14, 2011 by Adam Gee

Life jackets save lives. Two recent drownings are a stark reminder.

Two people drowned over the weekend, and at least one of the two – a 16-year-old girl – was not wearing a life jacket.

It’s possible both were not wearing life jackets, authorities said.

One of the drownings was on the Susquehanna River in Sayre, the other on a pond in Yates County.

These two tragedies might have been avoided if they had worn life jackets.

“I’ve never read about or heard about emergency personnel pulling a body out of water that had a life preserver on,” Jim Pfiffer, the director of the Friends of the Chemung River Watershed, told WENY-TV.

On Saturday, Michael S. Smith, 47, and his friend Kenneth Foss were on the Susquehanna River just south of the Sayre boat launch when their boat capsized, investigators told the Star-Gazette.

Foss returned safely to shore but Smith was trapped between the boat and a tree limb and drowned. His death was ruled accidental. Authorities did not know whether the two men were wearing life jackets.

Early Sunday, 16-year-old Susan Hoover of Penn Yan drowned when she and four others were thrown into a town of Benton pond when their five-person paddle boat took on water and tipped over. There were no life jackets aboard the boat, authorities told the Star-Gazette.

Her body was found in 19 feet of water hours later, investigators said.

Because of the circumstances of Smith’s death, it’s impossible to know whether a life jacket would’ve saved him.

But both victims would’ve had far better chances to survive with life jackets.

Never go out on the water without a life jacket at hand, and if you are in a boat on moving water you should always be wearing a life jacket!

To see the WETM-TV report, click here.

For an area with so much water for recreational use, it is a shame that accidents like this occur year after year. Click here to see our warning from last year about the danger of swimming in the rivers.

Thanks for reading, and stay safe this summer!

Adam
_______________________________
Adam M. Gee, Esq.
NY and PA Injury and Accident Attorney
The Ziff Law Firm, LLP
303 William Street
Elmira, NY 14901
Phone: (607)733-8866
Fax: (607)732-6062
Email: agee@zifflaw.com
www.zifflaw.com

Tragic Death of Amputee at Darien Lake Raises Safety Questions, NY and PA Accident Lawyer Says

Posted on July 12, 2011 by Adam Gee

An Iraq War veteran who lost his legs died last week in a fall from the Ride of Steel roller coaster at Darien Lake.

The death last week on a Darien Lake roller coaster of a U.S. Army veteran who lost both legs in Iraq is a horrible tragedy. Our thoughts and prayers are with his family members.

But now it’s clearly time for the park operators to review their safety regulations. A double leg amputee should not be on any roller coaster unless a safe ride is assured!

People without both legs are barred from at least two coasters at Darien Lake Theme Park Resort, the Motocoaster and the Predator, according to The Associated Press.

But rules on the resort’s website for the 208-foot-tall Ride of Steel – which James Thomas Hackemer, 29, was riding when he fell to his death Friday evening – only say that guests must be at least 54 inches tall. But it adds that people with “certain body proportions” may not be able to ride, the AP reported.

Hackemer had recently returned to his parents’ home in Gowanda, near Buffalo, after years in and out of rehabilitation hospitals. Hackemer lost his legs in a roadside bombing in March 2008 in Iraq.

Hackemer was not wearing his prosthetic legs when he got on the roller coaster, his family told The Buffalo News. Hackemer, who was divorced, had two daughters, 4 and 3. They were at the park with other family members Friday evening.

Hackemer had not been at the park since before he lost his legs in Iraq, the News reported. Family members said Ride of Steel was his favorite roller coaster and they said Hackemer was “very strong-willed” and likely would’ve argued to get on the roller coaster if denied.

“I have no doubt in my mind that he died happy,” Jody Hackemer, a sister, told the News. “He was doing what he wanted to do, and that’s the important thing.”

Other veterans said they could relate.

“Doing what he did, I completely understand that,” Jack O’Connor, a Vietnam veteran, told the AP. “He wanted to go on the roller coaster. He wanted to be normal again, like everyone else, and not be thinking about some of the things that probably happened to him overseas.”

The family does not believe the Genesee County theme park did anything wrong in letting Hackemer on the ride, Jody Hackemer added.

“We in no shape or form hold Darien Lake accountable,” she told the News. “They weren’t negligent. It’s nobody’s fault. It was an accident. James thought it wasn’t an issue.”

Amusement park industry consultant Dennis Speigel told the AP that two things should be considered when determining whether someone should be allowed on a ride.

“One is rider responsibility and then there is operator responsibility, and those two issues have to homogenize,” Speigel said Sunday. “This just seems to me that it was a bad decision on both parts.”

I respectfully disagree with the family, as I am sure anyone who has been on this ride will. This roller coaster is all about speed. After the first drop the coaster attains speeds in excess of 70 mph. The car then goes over another, smaller hill. At those speeds, as the car drops, centrifugal force pulls you up and out of your seat. The same thing occurs on all the remaining hills. A bar pushes down over your hips, and is supposed to hold you in place. For people with two legs it is sufficient to do its job, although it still gives the sensation that one could be lifted right out of the car. This roller coaster was not designed for, and is obviously not safe for, a double amputee.

Attendants for this ride never should have allowed Mr. Hackemer to get on. I understand the sentiment of the family, that he died doing what he loved and likely would have argued with the attendants if they told him no, but that is not the test of what is right and wrong.

Darien Lake has an obligation to protect people from dangerous situations. They are in a better position to know whether a ride is safe for a particular person than that person. In this case, they were clearly in a better position to know whether the ride was safe for Mr. Hackemer than Mr. Hackemer was, and were obligated to prevent him from getting on this ride. They failed miserably in that obligation.

Mr. Hackemer was a hero. He lost both his legs serving his country and performing his job to the best of his abilities. Darien Lake failed to perform their job to the best of their ability, and that cost Mr. Hackemer his life. He deserved better.

Thanks for reading.

What Makes a Safe Inflatable for Kids? Bobby K Has the Answers, NY Accident Attorney Says

Posted on June 28, 2011 by Adam Gee

Parents need to be prepared when their children run for the inflatable rides and "bounce houses."

You show up at a birthday party, a fair or a carnival, and your kids see it from a mile away – those giant inflatable rides and “bounce houses. It’s the first thing the kids want to go on, and they won’t stop asking until they get the answer they are looking for.

Most parents won’t think twice about letting their kids go and play on one of these rides, but should they? A recent rash of serious accidents all over the country involving improperly installed and maintained inflatables should cause parents to pause before they let their children get on board.

Earlier this month, three inflatables flew off the ground during a youth soccer tournament in Oceanside, N.Y. A mother was critically injured and numerous children suffered minor injuries. In all, 13 people were hospitalized.

At least 10 other inflatables around the country have been blown over by winds or collapsed under too much weight in the last two months. More than 40 people were injured in those incidents, according to www.rideaccidents.com.

In late April, The Associated Press said two slides collapsed at events in California, injuring nine children.

With all of these accident reports piling up, are inflatables still safe?

Luckily, we knew just who to ask for the answer to these questions. Bob Kramarik, longtime friend of the Ziff Law Firm and proprietor of Bobby K Entertainment, operates inflatables all over the Northeast, so we asked him to tell us how parents can decide whether it’s safe to let their children join the fun.

QUESTION: Bob, why have there been so many accidents recently?

BOB: First, I’m not sure there are a lot more accidents as a percentage. The number of operators and inflatables being offered and used has skyrocketed in recent years. Unfortunately, there is a lack of oversight and many operators have no training or understanding of what they are dealing with.

QUESTION: How do you ensure safety with your inflatables?

BOB: There are several factors. Inflatables come in different quality levels so we opt for the better-made models. Better-made equals safer in most cases. We also follow the manufacturer specifications for setup and use of the individual items as they vary from inflatable to inflatable. Finally, nothing is a substitute for proper training of your staff.

QUESTION: You are a member of the State Advisory Board for Amusements and the national Responsible Operators of Amusement Rentals. What does each organization do?

BOB: The State Advisory Board works with the New York State Labor Department to give them real experience input as they look at how to improve safety for participants while being realistic about what they require of the businesses who provide the activities. In some other states, regulations have been so strict as to force businesses to stop offering certain attractions.

ROAR (Responsible Operators of Amusement Rentals) was formed by a group of business owners who wanted to set standards of safety and responsible behavior among the amusement operators. Their greatest achievement has been to create a training course for inflatable safety and operation that is used by the state of Pennsylvania and is a template for many in-house trainings.

QUESTION: What can parents do when they arrive somewhere where there are inflatables? Is there a quick way to check for their safety?

BOB: There are several items to watch for to ensure safety, but the three most important in my opinion would be: 1. Is it properly weighted down by stakes, sand bags or water bags at each tether point; 2) Is there a supervisor who is paying attention and looks engaged; and 3) Are there any dangerous items in the vicinity that could affect play? Dangerous items could include vehicles, power lines, sharp objects or other items that should be clear of an inflated ride.

QUESTION: Should parents just avoid inflatables on windy days?

BOB: Several of the accidents recently have occurred because of wind gusts, not just regular wind. Each inflatable should have a wind rating that is based on proper inflation and staking. Responsible operators should have wind gauges or meters to determine if they are within the recommended rating. When in doubt, don’t go on an inflatable!

QUESTION: What’s your best advice to wary parents?

BOB: Unlike mechanical rides that always have someone very familiar with the ride operating it, inflatables are often provided to events by “friends”, rental companies where you pick up the piece and deliver it yourself, drop off companies that just drop it off and you are on your own, or small companies with poorly trained or no staff.

If you are at an event, check for proper supervision. Usually, these people would be in some type of uniform to distinguish them from the participants. Any inflatable that is over 20 feet tall requires extra supervision for safety.

Most importantly, parents need to pay attention. Inflatables are not babysitters, and ultimately, you are responsible for your child’s safety.

To learn more about Bobby K, check out Bob’s blog here.

Thanks for reading, and stay safe this summer!

NY Malpractice Lawyer Discusses “Wrong-Site” Surgery Cases: Did We Operate on the WRONG Leg?

Posted on June 21, 2011 by Jim Reed

It's up to you to be vigilant when you or someone you love faces surgery!

As a New York medical malpractice lawyer who has handled “wrong-site” surgery cases, I wasn’t too surprised to see the news report that estimates that 40 times a week (that’s more than 2,000 times a year!), doctors mistakenly operate on the wrong site.

Huh, the wrong site? Yup, that happens when a doctor is supposed to operate on a RIGHT knee and he operates on the LEFT knee. Or the doctor was supposed to operate on the left eye and he operates on the right. Can you say “Ooooooppppsss”?

But this is NOT funny. The victims of wrong-site surgery suffer all the dangers of surgery (bleeding, infection, scarring, disability, etc.) with none of the benefits of the surgery they were supposed to receive. In fact, many times, the patient is so weakened by the wrong-site surgery that they don’t have the strength to undergo the surgery they were supposed to have.

The Washington Post reported this week that seven years after the Joint Commission, the group that accredits our nation’s hospitals, unveiled mandatory rules to prevent surgery errors, the problem may actually be getting worse!

The good news is that progressive hospitals and doctors are implementing strategies to combat wrong-site surgery, according to the report. Some strategies are simple: require the doctor to physically mark the site of the surgery during the pre-operative preparation; make both doctors and nurses double-check one another as to the proper site of the surgery, and so on.

Medicare is also creating a very strong incentive for doctors and hospitals to ensure that they do not perform surgery at the wrong site by refusing to pay any of the expenses associated with the incorrect surgery. Nothing like hitting someone in the pocketbook to make them pay attention!

And finally, the prospect of an expensive medical malpractice lawsuit is also a strong deterrent to this sloppy mistake that simply shouldn’t occur. In NY and PA, where I routinely practice, it is medical malpractice for a doctor to perform surgery at the wrong site because the standard of care for proper surgical practice always requires the surgeon to confirm the proper site for surgery BEFORE operating.

According to the Washington Post report, based on state data, Joint Commission officials estimate that wrong-site surgery occurs 40 times a week in U.S. hospitals and clinics. In 2010 alone, 93 cases were reported to the accrediting organization, compared with 49 in 2004.

“Attention to the problem comes at a time of increased focus on the broader issue of medical errors, which a recent study found affected one-third of hospital patients,” the report said.

The federal government recently introduced a program aimed at reducing medical mistakes, the Post reported. Medicare requires reporting and does not pay for wrong-site surgery, and many insurers have followed suit, the Post added. Next year, Medicaid will begin a similar policy.

Wrong-site mistakes have multiple causes, experts told the Post: mixing up the left and right sides; operating on a patient who was accidentally given test results belonging to someone else; marking the incorrect vertebrae in spinal surgery; neglecting to mark the site at all. Some occur even though a member of the surgical team thinks something might be wrong but fails to speak up, fearful of slowing the process or challenging the surgeon in charge.

Please remember when you or someone you love is facing surgery – be watchful and ask questions!

Thanks, Jim

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

Blogs: NYInjuryLawBlog.com and

NYBikeAccidentBlog.com

Finger Lakes Boat Accident Lawyer: Fatal Boat Explosion Reinforces Importance of Safe Refueling!

Posted on June 13, 2011 by Adam Gee

Summer boating season on lakes and other waterways in New York and Pennsylvania is here! As we prepare to head back out on the water, there are a whole host of things we need to be concerned about to make sure our boating trips are safe. What some boater fail to recall, though, is that the most important safety issue they face may face all day occurs before they ever leave the marina.

Boaters are used to being warned about alcohol, speed and safety vests. But a May 31 fatal accident in Erie, Pa., serves as a stark reminder of the dangers boaters face when refueling.

A 25-year-old Erie woman was killed and nine others, including a 2-year-old child, were injured when a 32-foot Wellcraft exploded after refueling at the Erie Yacht Club.

The Pennsylvania Fish and Boat Commission is leading the investigation with the Erie Bureau of Fire, according to news reports.

Erie fire investigators told the Erie Times-News newspaper that they believe a faulty gasket in one of the boat’s two tanks, which combined can hold 200 gallons of fuel, allowed gas fumes to back up into the boat’s engine compartment instead of being blown out.

The buildup of fumes fueled an explosion that investigators said was set off when the boat backfired as the boat’s owner tried to start the boat after refueling, the newspaper reported.

Here is the latest news: Investigators will now meet with experts to try to determine the cause of the explosion, the newspaper reported June 12.

Fuel fires or explosions caused three deaths and 113 injuries in boating accidents nationwide in 2009, according to the most recent information from the Coast Guard.

Refueling tips

The Coast Guard offers boaters these refueling tips:

Before fueling

Put out all smoking materials and secure your boat to the dock.
Know how much fuel your boat holds and how much you need.
Turn off engine, electronics and extinguish all flames.
Send passengers ashore and close hatches, ports and doors.
Remove portable tanks and fill them on the dock.

During fueling

Make sure you have selected the type of fuel you need.
Be certain fuel is going into the proper fill entry.
Use an absorbent pad or doughnut around the deck fill to catch spills.
Maintain contact between the nozzle and deck fill to prevent sparking.
Hold the nozzle when refueling — don’t use a hands-free clip.
Fuel slowly and listen for a change in tone as the tank gets full.
Don’t rely on the automatic shut-off device as they often don’t shut off in time. Marina fuel pumps flow at a faster rate than land-based pumps.
Resist topping off. As the temperature rises, fuel expands. Fill tanks to 90 percent capacity to leave room for expansion.

After fueling

Wipe up all spills and drips on deck from the overboard fuel vent. Dispose of used pads properly.
Do not use detergents to disperse a sheen or spill on the water. It’s illegal.
Open ports, hatches and doors to ventilate.
Before starting the engine, operate the blower for three to five minutes.
Sniff the bilges and engine compartment for fumes.

Remember that boating safety begins at the dock!

During our too short summers I am on Keuka Lake with my family as often as weather permits. Fellow Ziff Law attorney Jim Reed spends his summers on beautiful Seneca Lake. We are boaters ourselves, and know the pressure that Captain Dad is under to get the family out on the water as soon as possible. There are so many things to remember, and most of them take time to address. I have experienced the temptation to fire the boat up immediately after gassing up. The boat is full of kids intent on a day of swimming, sunning, skiing and tubing – the cooler is packed – the sunscreen is on – everyone wants to get started. It is at this point that we have to do the responsible thing. Turn on the blowers, open the hatch and sniff for gas, make sure that everything is safe before you turn that key. The tragedy in Erie, Pennsylvania that inspired this story is a horrific reminder of what can happen when we take shortcuts.

Thanks for reading, and stay safe on the water this summer!

NY and PA Injury Lawyer: “Get distracted drivers off the road now!”

Posted on June 1, 2011 by Jim Reed

Distracted drivers are a danger to everyone. Are you one?

An Elmira high school track coach was right on target this week when he targeted distracted drivers, who pose a huge danger to his runners.

I’ll take Southside High School Coach Greg Grund’s plea one step further – texting drivers are a HUGE danger to EVERYONE — runners, cyclists, walkers, kids playing near the streets, other vehicles and so on.

Grund told WETM-TV that some of his runners have had to jump into ditches to avoid getting hit when they are training on area roads.

Most of the time, the coach said, his runners are almost hit because the drivers are using their cell phones to make a call or text.

The law is clear on this – no texting while driving, and only hands-free devices if you are talking on a cell phone while driving in New York state and Pennsylvania.

How many more people have to get injured or killed before our distracted drivers get the message?

Everyone should see this!

Keep an eye out for a very effective public service announcement about the dangers of distracted driving. It was written by a 15-year-old Oswego, N.Y., high school student.

Lauren Daniels made a 30-second spot that won the second annual Drive2Life PSA Competition, sponsored by The National Road Safety Foundation Inc. with National Organizations for Youth Safety. The PSA is airing nationally during National Youth Traffic Safety Month in May.

The spot shows two teens walking and talking. One of the girls is texting, the other is putting on makeup and she walks into a pole, which knocks her down. Her friend says, “Sarah, that’s so funny.”

The scene shifts to a car driving past, and the viewer hears the same dialogue between the girls. We see the driver texting as she’s driving and the screen fades to black as we hear the sounds of a crash and one of the girls keeps repeating her friend’s name, with no response.

To read more about the PSA, click here.

“Distracted driving is an epidemic on America’s roadways, and young people are among the most at risk,” said U.S. Secretary of Transportation Ray LaHood. “When you’re driving, your attention should always be on the road — not on a phone. And I applaud Lauren for creating such an effective video to drive this message home to teens.”

As high school graduation season arrives in the Twin Tiers, let Lauren’s PSA serve as an important reminder.

It is a matter of life and death.

Thanks for reading,

James B. Reed, Elmira Injury Attorney

_________________________________

James B. Reed

NY & PA Injury & Malpractice Lawyer

Ziff Law Firm, LLP

Mailto: jreed@zifflaw.com

Office: (607)733-8866

Toll-Free: 800-ZIFFLAW (943-3529)

Web: www.zifflaw.com

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